The law of friendly societies, and industrial and provident societies, with the acts, observations thereon, forms of rules etc., reports of leading cases at length, and a copious index

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Monograph

Identifikator:: 875232663

URN:: urn:nbn:de:zbw-retromon-2698

Document type:: Monograph

Title:: The law of friendly societies, and industrial and provident societies, with the acts, observations thereon, forms of rules etc., reports of leading cases at length, and a copious index

Place of publication:: with the acts, observations thereon, forms of rules etc., reports of leading cases at length, and a copious index$gTenth edition, revised and enlarged

Publisher:: Shaw and Sons

Year of publication:: 1881

Scope:: 1 Online-Ressource (XII, 303 Seiten)

Digitisation:: 2017

Collection:: Economics Books

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216 APPENDIX OF CASES. appellant, as such, trustee, under 18 & 19 Yict. e. 63, s. 24, in which the respondent was charged “ for that, being an officer of the said friendly society, he did, having in his possession certain moneys belonging to the said society to the amount of £31 2s. lid., unlawfully withhold and mis- apply the same. The following facts were proved : — 3. The respondent was duly appointed treasurer of the society, but had not been required to give the security directed by section 21 of the Act. The moneys which lie was charged with withholding and misapplying had been received by him in his character of treasurer for the use of the society. It was his duty to render quarterly an account of all moneys received and paid by him on account of the society, and to pay over to the trustees, on demand, the balance due from him on such accounts. The last account rendered by him was dated the 5th of August last, and it appeared therefrom that he was indebted to the society in the sum of ,£26 10s. 2\d., to that date, and from subsequent entries in the treasurer’s books, further sums, making a total sum due by him to the society of £31 2s. lid., the amount charged in the complaint. This sum he was unable to pay; and as he could not give such security for the payment as was satisfactory to the trustees, these pro ceedings were taken. There was no charge of fraud or misrepresentation against the respondent in respect of these moneys. 4. The magistrate held that the inability and consequent refusal of the respondent to pay the balance was not a with holding or misapplying under section 24. The question lor the opinion of the court was whether the magistrate was right in dismissing the complaint. Oppenheim, for the appellant, cited Sinden v. Banks, 3 E. & E. 623, and Ex parte O’Donnell, L. R. 1 Q. B. 274. John Thompson, for the respondent, was not called upon. Willes, J.—It appears to me that the statement in para graph 3 of the case that there was no charge of fraud or misrepresentation against the respondent in respect of these moneys makes an end of the matter. A civil remedy having been given against a defaulting officer by section 22, a proceeding of a criminal or penal nature is given by section 24 in respect of something which is of a criminal character. I do not say it is necessary that the matter complained of must, to bring it within section 24, be a thing for which an indictment would lie. I found my decision upon the language used in the beginning and at

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